Yamuna Gnanaprakasam, v. The Commissioner Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.12.2017

CORAM

THE HONOURABLE MR. JUSTICE M.S.RAMESH W.P.No.33132 of 2017 Yamuna Gnanaprakasam ... Petitioner Vs 1.The Commissioner of Police, Greater Chennai, Sub-Urban Police, St. Thomas Mount, Chennai - 600 016.

2.The State Rep by, Inspector of Police, 5-8, Adambakkam, Police Station, Chennai - 600 088.

3.The Joint Director, Central Bureau of Investigation, EVK Sampath Building, Nungambakkam, Chennai - 600 006.

4.The Inspector of Police, C.B.C.I,D. (Metro), Chennai.

5.The Director, Military Intelligence, Army Head Quarters, Church Road, New Delhi - 110 001.

... Respondents Prayer:Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 4th respondent to complete the investigation in Crime No. 385 of 2010 within a stipulated time or by transferring the investigation to the 3rd respondent.

For Petitioner :

Mr.G.Jeremiah For Respondents 1 to 4 :

Mr.S.Babu, Government Advocate.

ORDER

This Writ Petition has been filed seeking a direction to direct the 4th respondent to complete the investigation in Crime No. 385 of 2010 within a stipulated time or by transferring the investigation to the 3rd respondent.

2. Whenever any information in relation to commission of cognizable or non cognizable offence is received, the police officer shall adhere to the procedure contemplated under Sections 154 & 155 of the Criminal Procedure Code and after conducting necessary enquiry/investigation, file final report under Section 173 of Cr.P.C. Such investigation under Chapter XII of the Criminal Procedure Code shall be completed without any unnecessary delay. The delay in filing a final report in the present case is inordinate and unjustified. Hence, it would be appropriate to direct the Investigating Officer to file a final report within a stipulated time, if not already filed. 3.Considering the facts and circumstance of the case, this Court directs the fourth respondent police to complete the investigation in Crime No. 385 of 2010 pending on his file and file a final report, within a period of four weeks from the date of receipt of a copy of this Order. This Writ Petition is disposed of accordingly.

Sd/- Asst.Registrar (CS VII) /true copy/ Sub Asst. Registrar nl To 1.The Commissioner of Police, Greater Chennai, Sub-Urban Police, St. Thomas Mount, Chennai - 600 016.

2.The Inspector of Police, 5-8, Adambakkam, Police Station, Chennai - 600 088.

3.The Joint Director, Central Bureau of Investigation, EVK Sampath Building, Nungambakkam, Chennai - 600 006.

4.The Inspector of Police, C.B.C.I,D. (Metro), Chennai.

5.The Director, Military Intelligence, Army Head Quarters, Church Road, New Delhi - 110 001.

W.P.No.33132 of 2017 NR 10/01/2018